IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1575 of 2010(O)
1. KUNJUKUTTY,K, W/O.T.N.CHANDRAHASAN,
... Petitioner
2. AJITHA, D/O.T.N.CHANDRAHASAN,
3. ANITHA, S/O.T.N.CHANDRAHASAN,
4. ABHILASH, S/O.T.N.CHANDRAHASAN,
5. ARUN,S/O.T.N.CHANDRAHASAN,
Vs
1. K.CHITHIRA, EDAYILATHUNDIL VEEDU,
... Respondent
2. RAJEEV.C, EDAYILATHUNDIL VEEDU,
3. THE DIVISIONAL PERSONAL OFFICER,
4. THE DIVISIONAL MANAGER,
For Petitioner :SRI.PREMCHAND R.NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :11/02/2010
O R D E R
V. RAMKUMAR, J.
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W.P.(c).No.1575 of 2010
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Dated this the 11th day of February, 2010
JUDGMENT
The petitioners are the plaintiffs in O.S.No.416/2005
on the file of the Munsiff’s Court, Kottarakkara. The said
suit was one for declaration that the 1st plaintiff is the
legally wedded wife of deceased Chandrahasan and
plaintiffs 2 to 5 are the children born to the said
Chandrahasan in the 1st plaintiff and for a mandatory
injunction restraining the defendants 3 and 4 namely
Divisional Personal Officer, Southern Railway and Divisional
Manager , Southern Railway from disbursing the pensionory
benefits to defendants 1 and 2.
2. The suit after a contest was decreed as prayed for.
Aggrieved by the judgment and decree passed by the
learned Munsiff, defendants 1 and 2 filed an appeal before
the Sub Court, Kottarakkara as A.S.No.279 of 2005 and the
said appeal is pending.
W.P.(c)No.1575 of 2010
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3. Petitioners who are respondent Nos.1 and 2 in the
said appeal now seek an expeditious disposal of the said
appeal. This Court called for a report from the court below.
As per letter dated 21.01.2010, the learned Sub Judge has
reported that there are many old appeals right from the
year 1998 pending before that court and preference is
given to all those old cases. However, considering the fact
that there is a rival claim over the pensionory benefits of a
deceased person and the said lis is pending in the list for
more than 7 years, I am of the view that the aforementioned
appeal deserves an early disposal. Accordingly this writ
petition is disposed of directing the Sub Court,
Kottarakkara to take up A.S.No.279 of 2005 for final
hearing and dispose of the same expeditiously and at any
rate within 7 months of receipt of a copy of this judgment,
after giving both sides an opportunity of being heard.
Dated this the 11th day of February, 2010.
V. RAMKUMAR, JUDGE
sj